7.04.300 Franchise Agreement

(a) Upon approval by the Commission of an application for a Franchise, the Commission will enter into a Franchise Agreement with the Communication System Provider that will permit, in accordance with the Franchise Agreement, the provider of the Communication System to construct, erect, install, maintain, operate, repair, replace, remove, or restore a Communication Service within the geographical limits set forth in the Franchise Agreement. The Franchise Agreement shall be sufficiently detailed so to clearly delineate the rights, duties, and obligations of the parties concerned.

(b) At a minimum, the Franchise Agreement shall contain:

(1) A detailed definition of "gross revenue" in order to determine what revenues are subject to any franchise, other agreement, license or permit fee, or alternative user charge;

(2) The term or duration of the Franchise, which for the initial term shall not be less than five (5) years and shall not exceed ten (10) years from the date that the Franchise Agreement is executed by the Commission;

(3) Indemnity and hold harmless clauses;

(4) Requirement that the franchisee obtain adequate insurance;

(5) Performance and completion bonds or security deposits;

(6) Detailed description of the service area;

(7) Construction, upgrade, or rebuild schedule;

(8) Compensation, including Franchise fees and payment terms;

(9) Continuity of service requirements;

(10) Process for the assignment of an existing Franchise;

(11) Repeal of prior inconsistent Franchise, as necessary;

(12) Severability and force majeure clauses;

(13) Reference to Section of this chapter and Federal law that governs the Franchise;

(14) Any exemptions or relief from this chapter as may be granted; and

(15) The effective date.

(c) The Saint Regis Mohawk Tribe reserves the right to require, without limitation, additional matters, issues, and subjects to be contained in a Franchise Agreement, as may be reasonably deemed necessary or in the interest of the Saint Regis Mohawk Tribe and its residents, subject to applicable law.